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Constitution of the Republic of South Africa, 1993 | |
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Parliament of South Africa | |
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Citation | Act 200 of 1993 |
Enacted by | Parliament of South Africa |
Assented to | 25 January 1994 |
Commenced | 27 April 1994 |
Repealed | 4 February 1997 |
Repeals | |
Repealed by | |
Constitution of the Republic of South Africa, 1996 | |
Status: Repealed |
The Interim Constitution was the fundamental law of South Africa from during the first non-racial general election on 27 April 1994 until it was superseded by the final constitution on 4 February 1997. As a transitional constitution it required the newly elected Parliament to also serve as a constituent assembly to adopt a final constitution. It made provision for a major restructuring of government as a consequence of the abolition of apartheid. It also introduced an entrenched bill of rights against which legislation and government action could be tested, and created the Constitutional Court with broad powers of judicial review.
An integral part of the negotiations to end apartheid in South Africa was the creation of a new, non-discriminatory constitution for the country. One of the major disputed issues was the process by which such a constitution would be adopted. The African National Congress (ANC) insisted that it should be drawn up by a democratically elected constituent assembly, while the governing National Party (NP) feared that the rights of minorities would not be protected in such a process, and proposed instead that the constitution be negotiated by consensus between the parties and then put to a referendum. [1] [2]
Formal negotiations began in December 1991 at the Convention for a Democratic South Africa (CODESA). The parties agreed on a process, whereby a negotiated transitional constitution would provide for an elected constitutional assembly to draw up a permanent constitution. [1] The CODESA negotiations broke down, however, after the second plenary session in May 1992. One of the major points of dispute was the size of the supermajority that would be required for the assembly to adopt the constitution: the NP wanted a 75 per cent requirement, [2] which would effectively have given it a veto. [1]
In April 1993, the parties returned to negotiations, in what was known as the Multi-Party Negotiating Process (MPNP). A committee of the MPNP proposed the development of a collection of "constitutional principles" with which the final constitution would have to comply, so that basic freedoms would be ensured and minority rights protected, without overly limiting the role of the elected constitutional assembly. [2] Adopting this idea, the parties to the MPNP drew up the Interim Constitution, which was formally enacted by the apartheid-era Tricameral Parliament and came into force on 27 April 1994.
The Republic of South Africa is a unitary parliamentary democratic republic. The President of South Africa serves both as head of state and as head of government. The President is elected by the National Assembly and must retain the confidence of the Assembly in order to remain in office. South Africans also elect provincial legislatures which govern each of the country's nine provinces.
The National Party, also known as the Nationalist Party, was a political party in South Africa from 1914 to 1997, which was responsible for the implementation of apartheid rule. The party was an Afrikaner ethnic nationalist party, which initially promoted the interests of Afrikaners but later became a stalwart promoter and enactor of white supremacy, for which it is best known. It first became the governing party of the country in 1924. It merged with its rival, the South African Party (SAP), during the 1929-1939 Great Depression, and a splinter faction, the Re-United National Party became the official opposition during World War II and won power in 1948. With the National Party governing South Africa from 4 June 1948 until 9 May 1994, the country for the bulk of this time was only a de jure or partial democracy, as from 1958 onwards non-white people were barred from voting. In 1990, it began to style itself as simply a South African civic nationalist party, and after the fall of apartheid in 1994, attempted to become a moderate conservative one. The party's reputation was damaged irreparably by perpetrating apartheid, and it rebranded itself as the New National Party in 1997 before eventually dissolving in 2005.
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The Constitution of South Africa is the supreme law of the Republic of South Africa. It provides the legal foundation for the existence of the republic, it sets out the rights and duties of its citizens, and defines the structure of the Government. The current constitution, the country's fifth, was drawn up by the Parliament elected in 1994 in the South African general election, 1994. It was promulgated by President Nelson Mandela on 18 December 1996 and came into effect on 4 February 1997, replacing the Interim Constitution of 1993. The first constitution was enacted by the South Africa Act 1909, the longest-lasting to date. Since 1961, the constitutions have promulgated a republican form of government.
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The apartheid system in South Africa was ended through a series of bilateral and multi-party negotiations between 1990 and 1993. The negotiations culminated in the passage of a new interim Constitution in 1993, a precursor to the Constitution of 1996; and in South Africa's first non-racial elections in 1994, won by the African National Congress (ANC) liberation movement.
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